SUNIL KUMAR AGARWAL Vs. SHIV SAKTHI SUGAR MILLS (INDIA) PRIVATE LIMITED

JUDGEMENT

(1.) THE petitioner holding 31.3% of the issued and paid -up capital of M/s. Shiv Sakthi Sugar Mills (India) Private Limited ("the Company") aggrieved on account of certain acts of oppression and mis -management in the affairs of the Company, being indulged by the respondents 2 & 3, have invoked the jurisdiction of the Company Law Board, under Sections 397, 398, 402 and 403 of the Companies Act, 1956 ("the Act"), claiming the following reliefs:

(2.) SHRI P. H. Arvindh Pandian, learned Counsel, while initiating his arguments, submitted:

(3.) THE provisions relating to removal of director, as stipulated under Section 190 and 284 have not been complied with before the purported removal of the petitioner. The petitioner never received any notice of the extraordinary general meeting said to have been held on 06.10.2006 and thereby no opportunity was afforded to make his defence before the shareholders of the Company, as required under Section 284(4) of the Act. No such meeting was ever held for the purpose of removal of the petitioner from the office of director. The petitioner is residing in the first floor and the respondents 2 & 3 are residing in the second floor of the same building. The respondents 2 & 3 taking advantage of this factor, manipulated the speed post cover and managed a certificate from the postal department to show that the article has been delivered. However, no notice of any board or general meeting was ever received by the petitioner. The petitioner who has been a director for the past 15 years is illegally removed by the respondents.